Showing : 1-10 of 157 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Abatement of suit - Death of one of plaintiffs - Non-impleadment of LRs of deceased plaintiff - When right to sue survives, there is no question of abatement of entire suit/appeal on the ground of no, impleadment of legal heir of deceased plaintiff...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Deletion of name of deceased plaintiff - Suit for eviction jointly filed by plaintiffs - Deceased died during pendency of suit - Application for deletion of name of plaintiff filed before lower appellate Court - Appeal still survives even after death of plaintiff - Name of deceased plaintiff..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)- - Barred by limitation - Suit for declaration, permanent injunction, possession and for setting aside sale deed - Sale deed in question executed in 2009 - Suit filed in the year 2017 i.e after more than 8 years, while limitation for challenging registered sale deed is 3 years - Suit is barred by..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11- - Res judicata - Title of suit is already decided between parties in earlier suit - Present suit is thus, barred by res judicata - Even otherwise, suit is filed against dead person which is nullity - Plaint rejected...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11- - Suit for cancellation of sale deed - Suit neither properly valued not proper Court fee is paid - Plaint rejected...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65-- Second appeal - Suit for declaration of title - Plea of adverse possession - Plaintiff alleges that he is in possession for last 30 years i.e. since the year 1947 for which cause of action had arisen in year 1977 however, suit was filed in year 2015, therefore suit is hit by Art.65 of Limitation..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 34-- Limitation - Suit for declaration that gift deed is null and void - Defendant tried to dispossess plaintiff in 2011 on the basis of sale deed, then she came to know about so-called gift deed in favour of defendant - Suit itself filed in 2011 - For filing suit for declaration of gift deed as void,..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Denial of marriage - Suit or proceeding filed by either party cannot be dismissed on the ground of no, maintainability - Court to frame issues which may be decided after recording satisfaction to the truthfulness of the statement made by the parties...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(2), Order 7, Rule 11-- Application U.O.7.R.11 r/w S.107 CPC - If suit can be dismissed or rejected U.O.7.R.11 CPC, then appeal which is in continuation of the suit can also be decided or rejected U.O.7.R.11 CPC specially on the issue of Court-fees and valuation of appeal as provisions of CPC which are applicable to the..........

Showing : 1-10 of 157 Results